UNDT/2022/099

UNDT/2022/099, Mutsoli

UNAT Held or UNDT Pronouncements

Pursuant to staff rule 11.2(c), the Applicant should have requested management evaluation of the 31 August 2021 decision by 30 October 2021, or even earlier, if the intent was to argue against the recovery decision communicated between 30 June and 9 July. The Applicant was contemplating resorting to management evaluation already in July 2021, he, however, requested management evaluation only on 3 November 2021, which was after both deadlines.

Decision Contested or Judgment/Order Appealed

Decision to recover the relocation grant (“RLG”) and daily subsistence allowance (“DSA”) portion of the settling-in grant paid to the Applicant upon his return to his parent duty station at UNHQ in New York from a temporary assignment with MINUSCA.

Legal Principle(s)

Where the request for management evaluation is time-barred, the application before the UNDT is not receivable because the UNDT Statute forbids the waiving of time limits for management evaluation. An untimely request for management evaluation bars applications before the Tribunal even if management evaluation was actually received.

Outcome

Dismissed as not receivable

Outcome Extra Text

The application is rejected as not receivable.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/Appellants

Mutsoli

Entity

Case Number(s)

Tribunal

Registry :